(Austin, TX) – Right On Crime, a national conservative criminal justice campaign of the Texas Public Policy Foundation, released new research today on changing Texas’ definition of duress to help human trafficking survivors: Protecting Trafficking Victims from Prosecution: Redefining Duress. With more than 1,700 reported cases of human trafficking in Texas every year- the second highest in the nation- it’s estimated that 90% of trafficking survivors are arrested for crimes often due to physical threats or abuse by their trafficker.
Under current law, defense attorneys in Texas are unable to raise the affirmative defense of duress because the language requires that victims be actively threatened by traffickers during the commission of the crime. Amending the language of the current law would allow human trafficking victims to introduce relevant histories of abuse and exploitation in the courtroom.
“Most of these cases involve victims who have no free will prior, during, or after the crime,” said Ross Jackson, Right On Crime Policy Analyst.“This research shows punishing victims for the crimes of their abusers does not get to the root cause of the crime and does nothing to improve public safety in Texas communities.”
“Amending the definition of duress would protect victims by acknowledging the complex histories of abuse and prevent improper prosecution. These victims deserve a path to rehabilitation and recovery,”said Nikki Pressley, Texas Director and Chief of Staff for Right On Crime.“There is bipartisan support for Texas lawmakers to amend the current definition of duress.”
Human trafficking is modern-day slavery through the exploitation of men, women, and children for forced labor or sex by a third-party for profit or gain. Existing legal protections for victims of human trafficking is inadequate. Amending the existing definition of duress in Texas statute will enable victims to escape unjust prosecution, better steward state resources, and hold true perpetrators accountable.
To find out more, visit the Texas Attorney General website on human trafficking.
Right On Crime is a national campaign of the Texas Public Policy Foundation supporting conservative solutions for reducing crime, restoring victims, reforming offenders, and lowering taxpayer costs. The movement was born in Texas in 2007 and has led the way in implementing conservative criminal justice initiatives across the nation.